Lopez v. State

BASKIN, Judge.

We affirm Lopez’s conviction for DUI manslaughter. In reaching our decision, we reject Lopez’s contention that expert testimony based on the alcohol absorption rate of the average person rather than on Lopez’s own rate should have been excluded as premised upon insufficient data. § 90.705(2), Fla.Stat. (1983).

The trial court has wide discretion concerning the admissibility of evidence, and a ruling admitting evidence will not be disturbed absent an abuse of discretion. Jent v. State, 408 So.2d 1024 (Fla.1981), cert. denied, 457 U.S. 1111, 102 S.Ct. 2916, 73 L.Ed.2d 1322 (1982);…